The Supreme Court

Constitutional Position

• The Supreme Court of India is the Highest Constitutional Court and the Final Court of Appeal.
• It is the Guardian of the Constitution and the Protector of Fundamental Rights.
• Established under Part V (Chapter IV) of the Constitution.

Appointment of Judges

Appointment of Supreme Court Judges

• Judges of the Supreme Court are appointed by the President of India. (Art. 124)
• The appointment is made on the recommendation of the Collegium System (as evolved through Supreme Court judgments).

Appointment of the Chief Justice of India (CJI)

• The Chief Justice of India is appointed by the President.
• By convention, the Senior-most Judge of the Supreme Court is appointed as the CJI.

Note: The earlier practice of merely “consulting the Chief Justice” has been replaced in practice by the Collegium System, following the Second Judges Case (1993) and Third Judges Case (1998).

Qualifications of a Supreme Court Judge (Art. 124(3))

A person is eligible for appointment if he/she:

• Is a Citizen of India.
• Has served as a Judge of a High Court (or two or more High Courts in succession) for at least 5 years, OR
• Has been an Advocate of a High Court (or two or more High Courts in succession) for at least 10 years, OR
• Is, in the opinion of the President, a Distinguished Jurist.

Age Requirement

• The Constitution does not prescribe any minimum age for appointment.

Tenure of Judges

A Judge of the Supreme Court holds office until:

• • Attaining the age of 65 years.
  • Resignation addressed to the President.
  • Removal by the President after successful Impeachment by Parliament.

Removal of Supreme Court Judges (Impeachment)

Grounds for Removal (Art. 124(4))

A Judge can be removed only on the grounds of:

• • Proved Misbehaviour
  • Incapacity

Initiation of Motion

The removal motion may be initiated by:

• • 100 Members of Lok Sabha, or
  • 50 Members of Rajya Sabha.

The motion is submitted to the:

• • Speaker (Lok Sabha), or
  • Chairman (Rajya Sabha).

Investigation Committee

If admitted, a Three-Member Committee investigates the allegations.

   Composition

• • One Supreme Court Judge
  • One Chief Justice of a High Court
  • One Distinguished Jurist

(This reflects the Judges (Inquiry) Act, 1968.)

Parliamentary Approval

The motion must be passed in both Houses by:

• • Majority of the Total Membership, AND
  • Two-thirds Majority of the Members Present and Voting.

This is known as a Special Majority.

Presidential Order

• After Parliament passes the motion, the President issues the Removal Order.

Post-Retirement Restriction (Art. 124(7))

• A retired Supreme Court Judge cannot plead or act before any Court or Authority within the territory of India.

Jurisdiction of the Supreme Court

The jurisdiction of the Supreme Court is broadly classified into:

• • Original Jurisdiction
  • Appellate Jurisdiction
  • Advisory Jurisdiction

Original Jurisdiction

Federal Disputes (Art. 131)

The Supreme Court has Exclusive Original Jurisdiction over disputes involving:

• • Union vs One or More States
  • State vs State
  • Union & States vs Other States

Writ Jurisdiction (Art. 32)

The Supreme Court may issue writs for the Enforcement of Fundamental Rights.

Constitutional Writs

• • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto

Dr. B.R. Ambedkar described Article 32 as the “Heart and Soul of the Constitution.”

Appellate Jurisdiction

The Supreme Court is the Highest Court of Appeal in India.

It hears appeals relating to:

1. 1. Constitutional Matters (Art. 132)
   2. Civil Matters (Art. 133)
   3. Criminal Matters (Art. 134)

Special Leave Petition (SLP) (Art. 136)

• The Supreme Court may grant Special Leave to Appeal against any judgment, decree, sentence or order passed by any Court or Tribunal in India.
• Exception: Courts Martial (Military Tribunals).

Advisory Jurisdiction (Art. 143)

Presidential Reference

• The President may seek the opinion of the Supreme Court on any question of law or fact of public importance.

Nature of Opinion

• The opinion of the Supreme Court under Article 143 is Advisory and not binding on the President.

Constitutional Role

Guardian of the Constitution

• Protects the Supremacy of the Constitution.
• Ensures Constitutional Governance.

Judicial Review

• Has the power to declare unconstitutional any law or executive action violating the Constitution.

Court of Record (Art. 129)

• The Supreme Court is a Court of Record.
• Its judgments serve as binding precedents.
• It has the power to punish for Contempt of Court.

Important Constitutional Articles